N.M. Admin. Code § 8.370.4.25

Current through Register Vol. 35, No. 23, December 10, 2024

Section 8.370.4.25 - TIMELINESS

To obtain an administrative appeal hearing, the facility must make a timely request in writing.

A.Suspensions, revocations, intermediate sanctions, or civil monetary penalties: The authority must receive written request for an appeal hearing within 10 working days after the facility receives the authority's final notice of suspension, revocation, intermediate sanction, or civil monetary penalty. In any appeal of the authority's imposition of civil monetary penalties, final notice from which an appeal may be taken is that notice which sets out the total civil monetary penalty, including both the base amount and the daily accrual amount.

B.Emergency suspension and emergency intermediate sanctions: The authority shall provide notice of an administrative appeal hearing concurrently with notice of an emergency suspension or emergency intermediate sanction. The administrative appeal hearing is scheduled within five working days of the date of imposition of the authority's emergency action. The facility may waive this hearing and request a hearing at a later date. The authority must receive such a waiver and written request for a later hearing within four working days after the facility receives notice of the emergency action.

C.Cease and desist order: The authority must receive written request for an appeal hearing within five working days after the facility receives the cease and desist order.

N.M. Admin. Code § 8.370.4.25

Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024